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Government Regulation

02/25/2022

Important Implications for claims on behalf of insolvent Companies against former Directors

For a liquidator of an insolvent company with few assets, the prospect of having to provide security can act as a significant deterrent to bringing the claim in the first place or to continuing with the claim once the court orders the company to provide s

02/25/2022

Enhanced financial services regulatory powers proposed for Singapore

This enhanced ability to issue prohibition orders will enable MAS to take a consistent sector-wide approach when taking enforcement action against misconduct.

02/25/2022

Evaluating Investment Opportunities: The Confidentiality Agreement stage and (6) key points to note.

The approach of “opting-out” of receiving personal data is often proposed in the course of negotiating the terms of an NDA.

02/25/2022

Rights and principles proposed to guide digital transformation

The Commission is hoping to have the draft declaration signed by summer 2022.

02/25/2022

The EU Commission's proposal for a directive on corporate sustainability due diligence

The Proposed Directive aims to foster the sustainable and responsible behaviour of in-scope companies operating in the European Union (the EU) throughout their global value chains.

02/25/2022

Firms told to review recruitment processes ahead of new UK code of practice

All employers in the UK have a responsibility to prevent illegal working by conducting a simple right to work check on potential employees.

02/25/2022

EU's sustainability due diligence law will have 'broad scope of application' in the ESG space

The consideration of human and environmental rights should be understood as part of their duty to act in the best interest of the company, the Commission said.

02/25/2022

EU moves to limit foreign access to cloud data

These latest Commission plans would apply similar restrictions to the transfer of, and foreign access to, EU-held non-personal data for the first time.

02/25/2022

NDAs in the Channel Islands – Enforcement, Limitations and Ethical Considerations

This would leave the employee with the choice of either bringing a claim in the Employment and Discrimination Tribunal, with all its attendant stress and uncertainties, or walking away from that claim.

02/24/2022

Key issues and trends in series financing transactions from a BVI and a Cayman Islands law perspective

The absence of exchange controls, tax neutrality and the ability to close transactions electronically, among other things, have continued to drive the popularity of the BVI and the Cayman Islands as jurisdictions of choice in these types of transactions.

02/23/2022

Interest of US buyers in acquiring UK companies grows

Almost two-thirds of the firm offers announced in 2021 were from such sources.

02/23/2022

EU considers time limits for FRAND licensing negotiations

UK law makers are considering introducing such a system too.

02/23/2022

US DOJ Continues to Position Itself as Preeminent Global Enforcement Agency for Virtual Currency and Digital Assets

To the extent one can forecast DOJ’s future enforcement activities from where it chooses to place talent and resources, it looks very clear that virtual currency and digitals assets are likely to remain a top-level priority of the department for som

02/23/2022

China’s crypto ban extends to a wider range of crypto-based activities

Despite the wide and non-exhaustive ban on “virtual currency” activities, some regulatory grey areas will remain as technology develops and markets evolve.

02/22/2022

UK Government Launches Consultation on Adopting a New Comprehensive Framework Aimed at Enhancing Cyber Security of Businesses

This Legal Update discusses two areas the proposals focus on and notes the deadlines for submitting responses.

02/22/2022

Taking a Jersey company private: Is there a new kid on the block?

Take private transactions in Jersey have frequently been implemented by members’ schemes of arrangement under Part 18A of Companies (Jersey) Law 1991 (CJL).

02/22/2022

Increasing competitiveness of UK funds regime will be ‘challenging’

The policy paper outlines next steps in the government’s review of the UK’s fund regime.

02/22/2022

Sanctions Compliance - Key issues for Trustees and Financial Institutions

This rise in the use of financial sanctions poses particular compliance risks and below we explore some of the fundamental issues that arise for trustees and financial institutions in the Bailiwick of Guernsey in complying with the various Guernsey sancti

02/22/2022

Harneys wins two Deal of the Year Awards from China Business Law Journal

Harneys advised XPeng Inc as Cayman Islands counsel in relation to their listings on the Hong Kong Stock Exchange on 7 July 2021

02/22/2022

The Cayman Islands, the EU AML list and the FATF grey list

There are few practical consequences arising from inclusion on the EU AML List although clients should be aware of the following.

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